Legitimation is a legal process by which a child born outside a valid marriage becomes legitimated, generally through the subsequent valid marriage of the parents, provided the parents were not disqualified from marrying each other at the time of the child's conception. Ordinarily, a child conceived when a parent was below the marrying age could not be legitimated because there was a legal impediment. Republic Act No. 9858 addressed this by allowing legitimation of a child whose parents, at the time of birth, were disqualified to marry each other only because either or both were below the marrying age. Once the parents validly marry, such a child may be legitimated and acquire the rights of a legitimate child.
Legitimation lets a child born outside marriage become legitimate when the parents later marry. But an old gap left out children whose parents were simply too young to marry at the time. Republic Act No. 9858 closed that gap.
Legitimation in General
Under the Family Code, a child conceived and born outside a valid marriage may be legitimated by the subsequent valid marriage of the parents — but traditionally only if, at the time the child was conceived, the parents were not disqualified by any impediment to marry each other. A legitimated child enjoys the rights of a legitimate child, including in succession and the use of the father's surname.
The Old Problem
The impediment rule created an unfair result: if a parent was below the marrying age when the child was conceived, there was a legal impediment (they could not marry yet), so the child could not be legitimated even after the parents grew up and married. The child was penalized for the parents' youth.
What RA 9858 Did
Republic Act No. 9858 provides that children conceived and born outside of a valid marriage to parents who, at the time of the child's conception, were disqualified to marry each other only because either or both were below the marrying age, may be legitimated. In other words, the only impediment being age (not, say, an existing marriage or a prohibited relationship) no longer blocks legitimation.
How It Works
- The parents subsequently marry validly (once they are of age and otherwise qualified);
- Because the only prior impediment was minority (below marrying age), the child qualifies for legitimation;
- Legitimation generally takes effect and is recorded through the civil registry, updating the child's status; and
- The child then enjoys the rights of a legitimate child.
What It Does Not Cover
RA 9858 covers the situation where age was the only impediment. If there was a different impediment — for example, one parent was already married to someone else, or the parents were within a prohibited degree of relationship — the child generally cannot be legitimated under this rule.
Practical Takeaways
- If your parents were simply too young to marry when you were conceived, RA 9858 may allow legitimation once they married;
- Legitimation gives the child the rights of a legitimate child;
- It does not apply where a different impediment (like an existing marriage) existed — only where age was the sole bar.
Frequently Asked Questions
What is legitimation? It is the process by which a child born outside a valid marriage becomes legitimate, generally through the subsequent valid marriage of the parents, provided they were not otherwise disqualified from marrying at the time of conception.
What did RA 9858 change? It allows legitimation of a child whose parents, at the time of conception, were disqualified to marry each other only because either or both were below the marrying age, closing an old gap.
Does RA 9858 apply if a parent was already married? No. It applies only where age was the sole impediment. If there was a different impediment, such as an existing marriage or a prohibited relationship, the child generally cannot be legitimated under this rule.
What rights does a legitimated child have? A legitimated child enjoys the rights of a legitimate child, including succession rights and, where applicable, use of the father's surname.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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